Rule 63 mainly deals with the authentication of signatures where documents are signed outside of the Republic. It must be read together with Government Notice 773 of 1995 published in Government Gazette 16609 on 18 August 1995. The notice is entitled “Accession to the convention abolishing the requirement of legislation for foreign public documents” to which the Republic of South Africa is a signatory together with 57 other countries. The effect of the convention is to abolish the need for consular/diplomatic authentication of documents executed in the signatory countries, by the placing on the relevant document of a certificate/“apostille” signed by the parties mentioned therein. These provisions apply where documents to be lodged in a deeds registry in South Africa (for example, a power of attorney to pass transfer) have been executed outside South Africa.

Louwrens Koen - Notary